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Terms of service

OVERVIEW
This website located at https://medicalspalegal.com is operated by Medical & Spa Legal Solutions, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Medical & Spa Legal Solutions, LLC. Medical & Spa Legal Solutions, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here (collectively, the “Site”).

By visiting our Site and/ or purchasing something from us (“Products or Services”), you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Site or purchasing Products or Services. By accessing or using any part of the Site or purchasing Products or Services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Terms of Service, then you may not access the Site or use any Products or Services.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.


Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products or Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least 18 years old. If you are under 18 years old, you may not use the Site or purchase any Products or Services.
You may not use the Site or our Products or Services for any illegal or unauthorized purpose nor may you, in the use of the Site or Products or Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of the Site or Products or Services, as applicable.

SECTION 2 - GENERAL CONDITIONS AND USE OF SERVICES
We reserve the right to refuse Products or Service to anyone for any legally valid reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Products or Services, use of the Site or Products or Services, or access to the Site or Products or Services or any contact on the website through which the Site or Product or Services is provided, without express written permission by us.

Upon full payment for any Products or Services, including any templates, forms, information, documents, logos or graphics (the “Purchased Material”), we grant you a non-exclusive, perpetual, irrevocable, non-transferable, and non-sublicensable license to use the Purchased Material for your personal or internal business purposes. This license does not include the right to modify, create derivative works, or otherwise use the Purchased Materials to offer any services to third parties that compete with us or our business. You may not resell, reproduce, republish, post, display, transmit or distribute the Purchased Materials in any way except as described above. You agree not to use the Purchased Material in any manner that infringes upon our or any third party's intellectual property rights.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site or through the Products or Services is not accurate, complete or current. The material on this Site or through the Products or Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information, including licensed attorneys or legal professionals. Any reliance on the material on this Site or Products or Services is at your own risk.
Occasionally there may be information on our Site or in the Products or Services that contains typographical errors, inaccuracies or omissions We reserve the right to modify the contents of this Site at any time or correct any errors, inaccuracies or omissions, but we have no obligation to update any information on our Site or within our Products or Services. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. You agree that it is your responsibility to monitor changes to our Site. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Products or Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Site or Products or Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site or Products or Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain Products or Services may be available exclusively online through the website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our Products or Services that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Services or their respective pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Products or Services at any time. Any offer for any Product or Service made on this site is void where prohibited.
We do not warrant that the quality of any Products or Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Products or Services will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information, including valid credit card information, for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You authorize use (and any credit card processors acting on our behalf) to charge all amounts owed to the credit card provided to use and share any credit card and related billing and payment information with companies who work on our behalf, such as payment processors effecting payment to us and providing the Products or Services. We shall not be liable for any use or disclosure of such information by such third parties.


SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Products or Services and/or features through the website (including the release of new tools and resources). Such new features and/or Products or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, Products or Services available via our Site may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Products or Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 
Such third-party materials are the copyrighted work of its owner, which expressly retains all right, title and interest in and to such third-party materials, including, without limitation, all intellectual property rights contains therein and thereto.


SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or Products or Services or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.


SECTION 11 - INFRINGEMENT AND DMCA
We respect the intellectual property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate access to this Site or the Products or Services for users who infringe the intellectual property rights of others. If you believe in good faith that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site or our Products or Services, please provide our designated agent the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our agent for notice of claims of copyright or trademark infringement on this Site or in the Products or Services can be reached at: contact@medicalspalegal.com.


SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content or Products or Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or Products or Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or Products or Services or any related website for violating any of the prohibited uses. This includes any use of the Site's content, services, or intellectual property for any commercial purposes, especially those that directly compete with our business, or any attempt to reverse engineer, decompile, or disassemble any software or other products or processes accessible through the Site or Products or Services.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Site or Products or Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site or Products or Services will be accurate or reliable.
You agree that from time to time we may remove the Site or Products or Services for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Site or Products or Services is at your sole risk. The Site or Products or Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Medical & Spa Legal Solutions, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or Products or Services, or for any other claim related in any way to your use of the Site or Products or Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or Products or Services or any content (or product) posted, transmitted, or otherwise made available via the Site or Products or Services, even if advised of their possibility. 

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS OR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF MEDICAL & SPA LEGAL SOLUTIONS, LLC TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MEDICAL & SPA LEGAL SOLUTIONS, LLC FOR THE PRODUCTS OR SERVICES PURCHASED, EXCLUDING THE COST OF SHIPPING. 

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Medical & Spa Legal Solutions, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party related to your use of the Site or Products or Services.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service will be governed by the laws of the State of Delaware, without regard to its conflict of laws principles, and all suits hereunder will be brought solely in Federal Court for the District of Delaware, or if that court lacks subject matter jurisdiction, in any Delaware State Court located in New Castle County, Delaware. These Terms of Service shall not be governed by the 1980 UN Convention on Contracts for the International Sale of Goods or any laws based on the Uniform Computer Information Transactions Act (UCITA). The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any action or proceeding in any of the applicable courts set forth above, based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens, or any similar claim or defense.

SECTION 19 - ENTIRE AGREEMENT AND CHANGES TO TERMS OF SERVICE
These Terms of Service, as amended from time to time, including any and all documents, websites, rules, terms, and policies referenced herein, constitute the entire agreement between us and you with respect to the matters referred to in the Terms of Service and supersede all prior and contemporaneous agreements and understandings, whether electronic, oral, or written, between us and you with respect to such matters.
You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@medicalspalegal.com.